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Criminal Justice and Licensing (Scotland) Act 2010, Section 38 is up to date with all changes known to be in force on or before 02 December 2016. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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38Threatening or abusive behaviourS

(b)the behaviour would be likely to cause a reasonable person to suffer fear or alarm, and

(c)A intends by the behaviour to cause fear or alarm or is reckless as to whether the behaviour would cause fear or alarm.

(2)It is a defence for a person charged with an offence under subsection (1) to show that the behaviour was, in the particular circumstances, reasonable.

(3)Subsection (1) applies to—

(a)behaviour of any kind including, in particular, things said or otherwise communicated as well as things done, and

(b)behaviour consisting of—

(i)a single act, or

(ii)a course of conduct.

(4)A person guilty of an offence under subsection (1) is liable—

(a)on conviction on indictment, to imprisonment for a term not exceeding 5 years, or to a fine, or to both, or

(b)on summary conviction, to imprisonment for a term not exceeding 12 months, or to a fine not exceeding the statutory maximum, or to both.

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